EB - 2 Advanced Degree Professionals
The second preference category of employment-based immigration includes members of professions holding advanced degrees and aliens of exceptional ability. Also included in this category are physicians intending to practice medicine in underserved areas. Each year the second preference category is allotted approximately 40,000 visas, including any not used in the first preference category. Generally, this is a sufficient number of visas and there is no backlog. As a general rule, a labor certification is required, although in some cases a national interest waiver is available which removes the labor certification requirement.
EB-2 visas are split into three categories:
- EB-2(A): for foreign national professionals with an advanced degree (masters degree or higher)
- EB-2(B): for foreign nationals with “extraordinary ability” in the sciences, business, or arts
- EB-2(C): for foreign nationals with “extraordinary ability” or an advanced degree who can show that their activities will substantially benefit U.S. national interests
Advanced Degree Holders
This subcategory includes members of the professions with an advanced degree (any degree above a Bachelor’s degree) or an individual with a Bachelor’s degree and at least 5 years progressive experience in the profession. The combination of a Bachelor’s degree and 5 years experience in the profession is deemed equivalent to a Master's degree. However, if a PhD is required for the particular profession, the alien must possess the doctoral degree and cannot use equivalent work experience in lieu of having a PhD.
Demonstrating Extraordinary Ability
Proof of exceptional ability will include any three of the following:
- Degree relating to area of exceptional ability
- Letter from current or former employer showing at least 10 years experience
- License to practice profession if it is required
- Evidence that the individual commands a very high salary or other remuneration
- Membership in professional associations
- Recognition for achievements and significant contributions to the field by peers, governmental entities, or professional or business organizations
- Expert opinions letters
If any of the above items are not applicable, submission of other comparable evidence will be allowed.
National Interest Waiver
The National Interest Waiver is for aliens of exceptional ability in sciences, business, or arts, and those with advanced professional degrees. An alien may apply for permanent residence status and seek a waiver of the offer of employment by establishing that his or her admission to permanent residence would be in the national interest.
The national interest waiver is good option for those who prefer to avoid waiting several years for labor certification or for those who do not wish to be limited to a specific employer in the U.S. The national interest waiver applicant is self-sponsored and is not required to have a job. National interest waiver applicants may make additional green card applications while their petition is pending.
The national interest waiver also applies to physicians. Physicians who agree to work full-time in a designated health professional shortage area or in a VA hospital and where a federal agency or State department of public health has determined that the physicians work is in the public interest for five years may obtain a national interest waiver green card.
The national interest waiver is part of the second employment-based category (EB-2) for aliens of exceptional ability in sciences, business, or arts and those with advanced professional degrees. In order to be considered an alien of exceptional ability, the same requirements listed above for extraordinary ability must be met.
An applicant who meets these requirements or who has an advanced professional degree and has an employment job offer from a U.S. employer may process a labor certification under the EB-2 category. However, an applicant who qualifies for the national interest waiver is deemed to be of such value to the U.S. that a labor certification or job offer is not required.
Application Procedures
A form I-140 (Petition for Alien Worker) must be filed with the U.S. Citizenship and Immigration Services (USCIS) Regional Service Center that serves the area of intended employment. Before the form I-140 may be filed in the EB-2 category, the alien must first obtain a labor certification from the U.S. Department of Labor. A labor certification is a test of the U.S. labor market to determine whether qualified U.S. workers are available and willing to fill the job.
In the EB-2 category, if you are a worker with exceptional ability in the sciences, business, or arts, a labor certification is not required if there is a demonstration that granting the petition is in the U.S. national interest. Upon approval of a labor certification application, the alien may file the form I-140 Immigrant Visa Petition with USCIS. The Immigrant Visa Petition must be accompanied by evidence that the petitioner has the ability to command the prevailing salary from the time the labor certification was filed until present and evidence that the alien meets the minimum requirements for the job.
Once the I-140 immigrant visa petition is approved, the alien and their spouse and children under 21 years of age may apply for their immigrant visas either through adjustment of status in the U.S or through Consular Processing at a U.S. Consulate office outside of the United States.
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